HomeMy WebLinkAbout2011 12-12 EDAP Regular Session EDA MEETING
City of Brooklyn Center
December 12, 2011 AGENDA
1. Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2. Roll Call
3. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a. Approval of Minutes
1. October 24, 2011 —Regular Session
4. Commission Consideration Items
a. Resolution Authorizing the Acquisition of Property in Connection with the
Remove and Rebuild Program (5919 Xerxes Avenue)
Requested Council Action:
—Motion to approve resolution.
b. Resolution Authorizing the Acquisition of Mn/DOT Excess Right of Way to
Promote Economic Development Opportunities (Former Denny's Restaurant Site)
Requested Council Action:
—Motion to approve resolution.
C. Resolution Approving the Final Budget for the City of Brooklyn Center
Economic Development Authority for Fiscal Year 2012
Requested Council Action:
—Motion to approve resolution.
5. Adjournment
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EDA Agenda Item No. 3a
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MINUTES OF THE PROCEEDINGS OF THE
• ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 24, 2011
CITY HALL — COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President Tim Willson at 8:22 p.m.
2. ROLL CALL
President Tim Willson and Commissioners Carol Kleven, Kay Lasman, and Dan Ryan. Also
present were Executive Director Curt Boganey, Director of Business and Development Gary
Eitel, Assistant City Manager /Director of Building and Community Standards Vickie
Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial,
Inc.
• 3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Ryan moved and Commissioner Lasman seconded approval of the Agenda and
Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. October 10, 2011 — Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. CONSIDERATION OF GRANT APPLICATIONS FOR ENVIRONMENTAL
INVESTIGATION AND PREPARATION OF A DEVELOPMENT RESPONSE
ACTION PLAN FOR THE LIFE TIME FITNESS SITE LOCATED AT 4001
LAKEBREEZE AVENUE (FORMERLY NORTHWEST RACQUET CLUB SITE)
Director of Business and Development Gary Eitel introduced the item by displaying a slide
depicting the subject 7.9 acre site and explained Real Estate Recycling has an option to purchase
the Life Time Fitness site. He used site plans to point out the pattern of drainage across the site,
noting that as part of their initial soils testing and environmental investigations, a chemical which
• exceeds the MPCA standards was found.
10/24/11 -1- DRAFT
Mr. Eitel stated this will be similar to other cleanup applications with the City acting as the •
applicant and the developer conducting studies, incurring the costs, and being reimbursed by the
City. There are no direct costs to the City except processing the refunding application and
issuing refund checks. Mr. Eitel used a slide to point out the location of three buildings
reflecting a successful redevelopment project that added $25 million of tax capacity. It was
acknowledged that once TIF District 4 is decertified, all of the buildings will be on the tax base.
President Willson stated his support, noting this is the same organization working on the Howe
Fertilizer site.
1. RESOLUTION NO. 2011 -27 AUTHORIZING THE SUBMISSION OF A
GRANT APPLICATION TO THE METROPOLITAN COUNCIL FOR
THE TAX BASE REVITALIZATION ACCOUNT (LIFETIME FITNESS
SITE)
Commissioner Lasman moved and Commissioner Ryan seconded adoption of RESOLUTION
NO. 2011 -27 Authorizing the Submission of a Grant Application to the Metropolitan Council for
the Tax Base Revitalization Account (Lifetime Fitness Site).
Motion passed unanimously.
2. RESOLUTION NO. 2011 -28 AUTHORIZING THE ECONOMIC
DEVELOMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA •
TO APPLY FOR CONTAMINATION CLEANUP GRANT FROM THE
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT (LIFETIME FITNESS SITE)
Commissioner Ryan moved and Commissioner Lasman seconded adoption of RESOLUTION
NO. 2011 -28 Authorizing the Economic Development Authority of Brooklyn Center, Minnesota
to Apply for Contamination Cleanup Grant from the Minnesota Department of Employment and
Economic Development (Lifetime Fitness Site).
Motion passed unanimously.
5. ADJOURNMENT
Commissioner Ryan moved and Commissioner Lasman seconded adjournment of the Economic
Development Authority meeting at 8:30 p.m.
Motion passed unanimously.
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10/24/11 -2- DRAFT
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EDA Agenda Item No. 4a
•
EDA ITEM MEMORANDUM
• DATE: December 12, 2011
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development I L
SUBJECT: Resolution Authorizing the Acquisition of Property in Connection with the
Remove and Rebuild Program (5519 Xerxes Avenue)
Recommendation:
It is recommended that the Economic Development Authority consider approval /adoption of a
Resolution Authorizing the Acquisition of Property in Connection with the Remove and Rebuild
Program (5519 Xerxes Avenue N).
Background:
On January 12, 2009, the EDA adopted Resolution No. 2009 -02, A Resolution Establishing
Housing Programs and Approving the Use of Funds from Tax Increment District No. 3 Housing
Account, which authorized the Remove and Rebuild Program.
On October 26, 2009, the EDA adopted Resolution No. 2009 -17, A Resolution Authorizing Staff
• to Acquire Certain Foreclosed Homes within the City and to Execute All Instruments and
Contracts Relating Thereto.
The EDA's guidelines for acquisition of foreclosed properties include the following:
• Properties must be registered as vacant.
• Properties would be purchased either with TIF funds or federal Neighborhood
Stabilization Program (NSP) funds.
• The property would be determined to be blighted as defined by the Minnesota Housing
Finance Agency in its application to the Department of Housing and Urban Development
(HUD) for NSP funding.
• The purchase price could not be more than 65 percent of Hennepin County's latest
Estimated Market Value for the property and could not exceed $80,000.
• Prior to the acquisition of property, staff would conduct a due diligence investigation to
protect the EDA's interest with regard to purchase of the property.
• The authority to acquire property under the terms of the resolution would expire in 12
months from the date of its passage.
On March 14, 2011, the EDA adopted Resolution No. 2011 -05, A Resolution Reauthorizing
EDA Resolution 2009 -17 Providing Authority to Staff to Acquire Certain Foreclosed Home
within the City and to Execute All Instruments and Contracts Related Thereto.
On September 12, 2011, the EDA adopted Resolution No. 2011 -20 (Resolution Approving
• Continuation of Certain Housing Programs and Reauthorizing the Use of Funds from Tax
Increment District No. 3 Housing Account). This resolution also provided for the continuation
Mission: Ensuring an attractive, clean, safe coimnunity that enhances the qualih' of life and preserves the public trust
EDA ITEM MEMORANDUM
of the Remove and Rebuild Program, a program which enables the acquisition and removal of •
blighted, distressed and unmarketable foreclosed properties.
Proposed Acquisition:
The subject property is a vacant foreclosed home that was registered as a vacant property on
October 28, 2010 and re- registered as a vacant property on November 4, 2011.
The property was listed for $29,900 based on the current condition of the home which included
the following factors:
- Water damage and extreme mold /air quality issues within the basement
The property is an interior lot with 75'of frontage on Xerxes Avenue and 135' of lot depth. The
tax records indicate that the residence was built in 1955.
The 2011 property tax value is shown at $116,400.
Bldg. Value $74,100
Lot Value $42,300
A special assessment search indicates the following charges have beer. levied. The purchase
agreement provides for the Seller to pay these assessments at the closing.
- Delinquent Utilities — 2011 $532.32
- Nuisance Abatement — Spring $290.00 •
Based on the condition of the property, it is the recommendation of staff that the buildings are
demolished and the lot is redeveloped for a single family residence.
BUDGET ISSUES:
The costs associated with the acquisition, demolition, and property maintenance costs pending its
redevelopment will funded through the Housing Account of Tax Increment District No. 3.
The estimated cost of demolition and site restoration is approximately $15,000.
The TIF 3 Housing Fund has approximately $935,000, available for new housing initiatives.
Additionally, the Housing Fund is scheduled to receive $250,697 in 2011 and is projected to
receive approximately $355,000 a year in 2012 for the duration of the district. Tax
Increment District No. 3 is a 25 year Redevelopment District that is scheduled to expire in
2021.
Council Goals:
Strategic:
1. We will stabilize and improve residential neighborhoods
•
Mission: Ensuring an attractive, clean, safe conununitp that enhances the quali(y of life and preserves the public trust
• Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY IN
CONNECTION WITH THE REMOVE AND REBUILD PROGRAM. (5519
XERXES AVENUE)
WHEREAS, on January 12, 2009, the Economic Development Authority in and for
the City of Brooklyn Center, Minnesota (the "EDA ") adopted Resolution No. 2009 -02 establishing
housing programs and approving the use of funds from the Tax Increment District No. 3 housing
account; and
WHEREAS, pursuant to EDA Resolution 2009 -02, one of the housing programs so
established was the EDA's Remove and Rebuild Program (the "Program ") to acquire demolished,
blighted, distressed, and unmarketable properties to be returned to uses compatible with the
neighborhood; and
WHEREAS, on March 14, 2011, the EDA adopted Resolution No. 2011 -05, A
Resolution Reauthorizing EDA Resolution No. 2009 -17 Providing Authority to Staff to Acquire
Certain Foreclosed Homes within the City and to Execute all Instruments and Contracts Related
• Thereto; and
WHEREAS, on September 12, 2011, the EDA adopted Resolution No. 2011 -20, A
Resolution Approving the Continuation of Certain Housing Programs and Reauthorizing the Use of
Funds from Tax Increment District No. 3 housing Account; and
WHEREAS, real property located at 5919 Xerxes Avenue (the "Subject Property ")
is a vacant and Fannie Mae foreclosed property listed for sale at a price of $29,900; and
WHEREAS, the subject property met the guidelines established by EDA Resolution
No. 2011 -05 and a purchase agreement in the amount of $29,900 has been entered into to acquire
this property through the City's Remove and Rebuild Program.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center, Minnesota, as follows:
1. The purchase of the Subject Property is hereby confirmed and staff is directed to
proceed with the demolition of the residence at 5519 Xerxes Avenue.
December 12, 2011
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof: •
And the following voted against the same:
Whereupon said resolution was declared passed and adopted.
•
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5919 Xerxes Avenu
EDA Meeting - City Council
December 12, 2011
5919 Xerxes Avenue �Inr
Generally located on the west side of Xerxes Avenue, mid-block
between 60th Avenue N. and 59t" Avenue N.
Interior lot — 10,125 sq. ft.
75-ft. of [effective] frontage on Xerxes Ave. with 135-ft depth
Currently avacant/foreclosed residence
• Tax (assessed) Value = $116,400
Delinquent Utilities — 2011 = $532.32
Nuisance Abatement — Spring 2011 - $290.00
Property listed for $29,900 — resolution proposes to purchase
subject property for said amount (minus delinquent utilities and
abatement fee)
5919 Xerxes Avenue Nora
January 12, 2009 — EDA adopts Res. No. 2009-02 — establishing
Housing Programs and approving use of funds from Tax
Increment Financing District No. 3 — Housing Acct.
October 26, 2009- EDA adopts Res. No. 2009-17 authorizing
City Staff to acquire certain foreclosed homes within the City and
to execute all instruments and contracts related thereto
March 14, 20111 - EDA adopts Res. No. 2011 -05 , which
reauthorized Res. No. 2009-17
September 12, 2011 — EDA adopts Res. No. 2011 -20, which
approved the continuation of certain housing programs and
reauthorized the use of funds from TIFF District No. 3 — and also
provided for the continuation of the "Remove and Rebuild
Program" — which enables the acquisition and removal of
blighted, distressed and unmarketable foreclosed properties
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EDA Agenda Item No. 4b
1
•
EDA ITEM MEMORANDUM
• DATE: December 12, 2011
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development r ��-
SUBJECT: Resolution Authorizing the Acquisition of MnDOT Excess Right of Way to
Promote Economic Development Opportunities. (Former Denny's Restaurant
Site)
Recommendation:
It is recommended that the Economic Development Authority consider approval /adoption of the
Resolution Authorizing the Acquisition of MnDOT Excess Right of Way to Promote
Economic Development Opportunities. (Former Denny's Restaurant Site)
Background:
The Minnesota Department of Transportation (MnDOT) has offered to convey to the City of
Brooklyn Center the western portion of the former Denny's Restaurant Site that has been
identified as excess right of way from the Highway 100 and France Avenue interchange
improvements.
• This 55,345 sq. ft. parcel was appraised by MnDOT and offered to the City in 2008 for the
amount of $108,300 or $1.96 per sq. ft.
Attached for your reference is a copy of the offer and sketch of the excess right of way.
The adjoining property to the west, the former Northwest Racquet Club site, was acquired
by Life Time Fitness and demolished in July of 2007. This 7.39 acre commercially zoned
parcel has an assessed value of $1.2 M, which is approximately $3.71 per sq. ft.
The Life Time Fitness property is being marketed by NorthMarq Real Estate as a
commercial /industrial site and is presently under contract to be sold to Real Estate
Recycling pending their environmental reviews, a comprehensive plan amendment, and
approval of industrial development plans.
Proposed Acquisition:
The purpose of this acquisition is to facilitate the future planning and the redevelopment of
this excess R.O.W. parcel with the 7.39 acre adjoining vacant commercial property, former
Northwest Racquet Club.
Attached for your reference are copies of the following:
the 2006 aerial photo which shows the location of this excess right of way its
• relationship to the former Northwest Racquet Club Site,
Mission: Ensuring an attractive, clean, safe conununity that enhances lite quali4 of life and preserves the public trust
EDA ITEM MEMORANDUM
the 2009 aerial photo which outlines the combined area of approximately 8.66 acres •
of available land for redevelopment, and
Exhibits provided by MnDOT on the configuration of the Excess Right of Way.
Budget Issues:
The purchase of this property is an eligible expenditure from Tax Increment Financing District
No. 2 per the August 8, 2011 EDA budget amendment which enabled the use of the 2011 Tax
Increment to fund the following eligible tax increment activities:
- $150,000 for the Brooklyn Boulevard Corridor Transportation Study,
- $350,000 for property acquisitions,
- $170,000 for public improvements, including intersection improvements, street lighting, and
streetscaping, and
- $60,000 for other EDA authorized Transportation/Land Use Studies.
With this acquisition, the EDA will have the opportunity to increase the development potential of
the Life Time Fitness Site; the option to convey this property for an EDA approved
development; and reimburse the TIF 2 Account for other economic development opportunities.
Council Goals:
Strategic:
2. We will proceed aggressively with implementation of City's redevelopment plans •
Ongoing:
2. We will ensure the financial stability of the City
• I
Mission: Ensuring an attractive, clean, safe conununity that enhances tlee tluali4- of life and preserves the public trust
• Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF MnDOT EXCESS
RIGHT OF WAY TO PROMOTE ECONOMIC DEVELOPMENT
OPPORTUNITIES (FORMER DENNY'S RESTAURANT SITE)
WHEREAS, the Brooklyn Center Economic Development Authority, Minnesota
has hereto established Housing Development and Redevelopment Project No. 1 and in 1985
established Tax Increment Financing District No. 2 as a redevelopment district to remedy
conditions of economic obsolescence, physical blight, underutilization of land, extensive soil
corrections which the private sector has not been willing or able to accomplish and correction of
numerous traffic hazards and pedestrian conflicts; and
WHEREAS, In 1994, the district's project area was enlarged to include the
geographic boundaries of the city and the following additional objectives were added:
• To enhance the tax base of the City.
• To provide maximum opportunity, consistent with the needs of the City, for
• redevelopment by private enterprise.
• To better utilize vacant or undeveloped land.
• To attract new businesses.
• To acquire blighted or deteriorated residential propriety for rehabilitation or clearance
and redevelopment; and
WHEREAS, on August 8, 2011, the EDA amended the Tax Increment Financing Plan
for Tax Increment Financing District No. 2 which enabled the use of the 2011 Tax Increment to
fund the following eligible tax increment activities:
- $150,000 for the Brooklyn Boulevard Corridor Transportation Study,
- $350,000 for property acquisitions,
- $170,000 for public improvements, including intersection improvements, street
lighting, and streetscaping, and
- $60,000 for other EDA authorized Transportation/Land Use Studies; and
WHEREAS, MnDOT has offered the reconveyance of the excess right of way,
referred to Reconveyance No. 2011 -0038, the remainder of the former Denny's Restaurant Site,
a parcel of land comprising 55,345 sq.ft. for the appraised amount of $108,300; and
WHEREAS, the development of this 1.27 acres in conjunction with the
redevelopment of the 7.39 acre Life Time Fitness Site will maximize the utilization of this land
• and enhance the tax base of the City.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority •
in and for the City of Brooklyn Center, Minnesota, as follows:
1. That the City Manager is authorized to proceed with the acquisition of
MnDOT's Excess Right of Way from the State Highway 100 and France Ave.
interchange (former Denny's Restaurant Site) for the appraised value of
$108,300.
December 12, 2011
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted it favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
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Gary Eitel
From: Geertsema, Michael (DOT) <Michael.Geertsema @state.mn.us>
Sent: Tuesday, November 22, 2011 2:45 PM
To: Gary Eitel
Subject: Recon 2011 -0038
Attachments: R2011- 0038.pdf; R2011- 0038_photo.pdf
Gary,
I am sending you two pdf's of the proposed reconveyance of the old Denny's Restaurant site. I have assigned a new reconveyance number of Recon 2011 -0038
as the old reconveyance ( Recon 2005 -0135) was officially dropped in November of 2009.
You may want to have the City Council prepare a City Resolution that states the city is willing to authorize the acquisition of the former Denny's Restaurant, I
don't need this but Office of Land Management (OLM) may ask for it.
I have reviewed the previous file and will need to send the new file to our Office of Land Management (OLM) to have the legal description re- written for the Quit
Claim Deed (QCD) as part of this parcel is Torrens being registered as Certificate of Title No. 755456. The new legal description needs to make reference to
Certificate. If the County does not accept the QCD the City will need to prepare a Registered Land Survey for this reconveyance as OLM has set a policy that the
requestor needs to perform this task.
If you have questions feel free to call.
Michael Geertsema
Engineering Specialist Reconveyances
MnDOT Metro Right of Way
651 - 234 -7581
michael.geertsema(@state.mn.us
Former Northwest Athletic Club
( a / k / a Lifetime Fitness )
Redevelopment Site
Brooklyn Center EDA Meeting
December 12, 2011
4001 Lakebreeze Avenue
Location Map
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_ PROPERTY INFO
AREA:Northwest Athletic Parcel= 7.4 acres
MnDOT(excess)Parcel-1.27 acres
ZONING: 7
i . ! G:C-2 Commerce
XVE` "`? -J0 - 't. ADDRESS: 4001 Lakebreeze Avenue North
PID:11-011-82-13-10-029 >
OWNER: LTF Real Estate Company.Inc. w
2902 Corporate PI
C
yr Chanhassen.MN 55317
Combined im
site 8.66 acres
The acquisition of this MnDOT Excess Right-of-
Way provides the EDA with an opportunity to
increase the development potential of the former
Northwest Athletic Club (Lifetime Fitness) site.
• The purchase prices of $ lo8,300 is an eligible
expenditure from Tax Increment Financing
District No. 2
EDA Agenda Item No. 4c
s
City of Brooklyn Center
EDA Agenda Item Memorandum
TO: Curt Boganey, Executive Director
FROM: Daniel Jordet, Assistant Treasurer
DATE: 6 December 2011
SUBJECT: 2012 Economic Development Authority Budget
Recommendation:
It is recommended that the Commissioners of the Brooklyn Center Economic
Development Authority adopt the attached resolution establishing the operating
budget for the 2012 fiscal year.
Background:
The HRA adopted a preliminary resolution for property tax levy payable in 2012
• while the EDA adopted a preliminary 2012 budget on 12 September 2011. That
levy was based on the extension rate of 0.0185% of taxable market value. It
produced a preliminary levy of $ 302,288. Those funds are transferred from the
HRA to the EDA for operations. In addition, the EDA Fund is expected to earn
about $ 5,000 of interest revenue in 2011. The total EDA revenue budget is
proposed at $ 307,288.
Against those revenues, the EDA expenditure budget includes two and one half
FTE staff, various legal and professional services, dues to 6 organizations
promoting economic development and one half of a support staff position. Total
expenditures are projected to be $ 350,534.
Financial Impact:
The result of the budget is excess expenditures over revenues of $ 43,246. This
amount would be obtained from the cash balance in the EDA Fund built up over
prior years of excess revenues, if the budget is adopted.
•
Member introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING THE FINAL BUDGET FOR THE CITY
OF BROOKLYN CENTER ECONOMIC DEVELOPMENT
AUTHORITY FOR FISCAL YEAR 2012
WHEREAS, the Economic Development Authority of City of Brooklyn
Center has considered the final budget for Fiscal Year 2012.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority of the City of Brooklyn Center, Minnesota that revenues and appropriations for
the Economic Development Authority for the 2012 fiscal year are hereby adopted as
follows:
Economic Development Authority
Revenues
Other Financing Sources $ 307,288
Total Economic Development Authority 307 288
Appropriations •
EDA Operations $ 350,534
Total Economic Development Authority 350 534
December 12, 2011
Date Chair
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•